UNITED STATES SUPREME COURT DECISIONS ON-LINE

Petitioner, an alien, was admitted to the United States for permanent residence in 1923. He was a member of the Communist Party from 1932 through 1936. He then left the Party and never rejoined it. In 1937, he went abroad, abandoning all rights of residence in the United States. In 1938, he was readmitted to the United States "for permanent residence as a quota immigrant." He has since resided in the United States except for a one-day visit to Mexico in 1939. In 1951, proceedings were instituted to deport him under §§ 1 and 4(a) of the Anarchist Act of October 16, 1918, as amended by § 22 of the Internal Security Act of 1950, as an alien who "was at the time of entering the United States, or has been at any time thereafter," a member of the Communist Party.

Held: since petitioner's claim of right to remain in the United States is based upon his entry in 1938, and he was not then and has not since been a member of the Communist Party, he is not deportable under §§ 1 and 4(a). Pp. 356 U. S. 692-700.

(a) Since petitioner claims no right under his entry in 1923, and the Government does not, by the deportation proceeding, seek to annul any right acquired under that entry, the date of his entry in 1938 constituted his "time of entering the United States" within the meaning of § 4(a). Pp. 356 U. S. 696-697.

(b) United States ex rel. Volpe v. Smith, 289 U. S. 422, distinguished. Pp. 356 U. S. 697-698.

99 U.S.App.D.C. 386, 240 F.2d 624, reversed. clubjuris

Page 356 U. S. 692